GA Groups Rally To Defend YouTube Personality On Legal Challenge

The Aircraft Owners and Pilots Association (AOPA), together with the Experimental Aircraft Association (EAA) and the Alaska Pilots Association, are stepping up to defend YouTuber Trent Palmer in his bid to overturn an FAA suspension. The advocacy groups addressed the federal appeals court on Palmer’s behalf, maintaining that the National Transportation Safety Board has consistently “ignored key provisions of the Pilot’s Bill of Rights” and did so in this case.

The incident in question was a November 2019 flight during which Palmer made a low “inspection” pass in his Kitfox bush plane over an acquaintance’s backyard where he was considering landing. He chose not to land and received a 120-day certificate suspension from the FAA for a low-altitude violation. Palmer noted that FAR 91.119 specifies that altitude restrictions carry the (obvious) qualification “Except when necessary for takeoff and landing.” He argued that the inspection pass qualified as “necessary for takeoff and landing” even though he decided not to land. Part of his argument was that punishing him for a prudent decision could induce other pilots to land to avoid a violation even when better judgment dictates the location is not safe.

AOPA Legal Services Plan attorney Daniel Hassing helped draft the brief defending Palmer. He said the case goes beyond defending a single pilot and has implications for all pilots as to protections enacted by Congress (the Pilot’s Bill of Rights), which have not been “consistently followed” by the FAA and the NTSB. Hassing said, “We want to ensure that the process is fair to airmen and that the FAA and NTSB play by the rules Congress established. Furthermore, we want the court to overrule its prior decision before other courts cite it and rely upon it.”

AOPA reports that Palmer’s attorney filed a petitioner’s brief on Dec. 11 that addressed what it characterized as errors by the NTSB judge’s failure to dismiss the order of suspension. The brief begins, “This Petition for review principally centers on whether the FAA has complied with the most basic precepts of the due process of law in conducting air safety proceedings.” The NTSB/FAA legal team has until Jan. 17 to file a response, and Palmer’s legal team will be able to reply to that response by Feb. 7.